The requested variance is to allow the relocation of a weigh
station and the necessary approach and exit ramps. The proposed
location is on the existing haul road used to access CBJ gravel
operations in the Lemon Creek area. The haul road was constructed
in the 1970s prior to the stream side setback requirement. The
facility would be located entirely on previously developed
roadway. No additional areas will be disturbed. No vegetation
will be removed. The weigh station would serve both existing and
future gravel operations further up Lemon Creek. The proposed
location is preferred because it allows loaded trucks exiting the
CBJ gravel pit to easily access the weigh station without having
to detour or cross traffic.

The weigh station includes the following features:

Scale deck approximately 14 feet wide by 70 feet
long.

Ramps which would extend approximately 50 feet
from either end of the scales.

Scale shack approximately 8 feet by 20 feet with a
12-foot by 8-foot platform.

All of these elements will be constructed within the existing
roadway. Only a portion of the ramps and scales would be located
within the 50-foot setback. The shack and platform are entirely
outside the 50-foot setback.

BACKGROUND

The weigh station is operated by CBJ for CBJ gravel pit
operations. However, it is currently located on private property.
The private property owner has plans to develop his property. As
such, CBJ needs to relocate its weigh station. The new location
on the haul road is also on private property.

The bank between the creek and the haul road, in the area of
the proposed weigh station, is steep and well vegetated with
willow and cottonwoods.

Section 49.70.310 prohibits development within 50 feet of
anadromous fish streams. This setback is required for all
development regardless whether the area has been previously
disturbed or not.

ANALYSIS

Variance Requirements

Under CBJ'49.20.250
where hardship and practical difficulties result from an
extraordinary situation or unique physical feature affecting only
a specific parcel of property or structures lawfully existing
thereon and render it difficult to carry out the provisions of
Title 49, the Board of Adjustment may grant a variance in harmony
with the general purpose and intent of Title 49. A variance may
vary any requirement or regulation of Title 49 concerning
dimensional and other design standards, but not those concerning
the use of land or structures, housing density, lot coverage, or
those establishing construction standards. A variance may be
granted after the prescribed hearing and after the Board of
Adjustment has determined:

1. That the relaxation applied for or a lesser
relaxation specified by the Board of Adjustment would
give substantial relief to the owner of the property
involved and be more consistent with justice to other
property owners.

The variance applied for will
give substantial relief to CBJ in that it will provide an
efficient and safe location for the weigh station. A
lesser variance would move the scales such that loaded
trucks would have to cross a lane of incoming traffic to
approach and exit the scales. Consideration for safety is
a priority afforded to other property owners. Staff finds
that the variance requested would be consistent with this
justice afforded other property owners.

Staff finds that this criterion is met.

2. That relief can be granted in such a fashion
that the intent of this title will be observed and the
public safety and welfare be preserved.

The intent of Title 49 is established in Section
49.15.100 Purpose and Intent. Those sections, which are
applicable to the requested variance, are as follows:

To achieve the goals and objectives and implement
the policies of the Juneau Comprehensive Plan and
the coastal management program;

To ensure that future growth and development in
the city and borough is in accord with the values
of its residents;

To identify and secure, for present and future
residences, the beneficial impacts of growth
while minimizing the negative impacts.

The weigh station will be on previously developed land
and will not create any additional impacts to habitat.

Safety
and community growth and development, are both community
values. The requested variance is specifically intended
to address both these concerns. The weigh station will
serve current and future gravel operations. The proposed
location presents the safest location.

Staff finds that this criterion is met.

That the authorization of the variance will not
injure nearby property.

The subject property is just over 50 acres in size and
spans across both sides of Lemon Creek. There is no
evidence to suggest that this variance would injure
nearby property.

Staff finds that this criterion is
met.

That the variance does not authorize uses not
allowed in the district involved.

The weigh station is part of the haul road, which is a
function of the gravel pit operation. The Table of
Permissible Uses, 49.25.300.14.600 includes gravel
operations as an allowable use in the Industrial zoning
district, subject to an Allowable Use Permit. The
requested variance would not authorize uses not allowed
in the Industrial zoning district.

Staff finds that
this criterion is met.

5. That compliance with the existing standards would:

(A) Unreasonably prevent the owner from using the
property for a permissible principal use;

No. Compliance would not preclude use of the existing
gravel pit, a principal permissible use, or use of the haul road.
A weigh station could be accommodated on the other side of the
haul road, outside of the 50-foot setback. However, this would
present a less time efficient, less cost efficient and less safe
alternative.

(B)Unreasonably
prevent the owner from using the property in a manner which is
consistent as to scale, amenities, appearance or features, with
existing development in the neighborhood of the subject property;

No. Compliance would not prevent use of the site in a
manner, which is consistent with other development in the area.

(C) Be unnecessarily burdensome because unique physical
features of the property render compliance with the standards
unreasonably expensive;

Yes. The haul road already exists. The proposed
relocation of the weigh station would not impact any additional
property, nor increase the impact to the stream in any way. This
factor is an extraordinary situation. It is not typical that
development can occur within a stream setback without any
additional impact to the stream. Compliance would be less time
efficient and therefore increase the cost of producing gravel.
Over the years compliance would be unreasonably expensive,
without offering any additional protection to the stream.

or

(D) Because of pre-existing nonconforming conditions on
the subject parcel the grant of the variance would not result in
a net decrease in overall compliance with the Land Use Code, CBJ
Title 49, or the Building Code, CBJ Title 19, or both.

No.The existing haul road is located within the
50-foot setback from Lemon Creek. This is a preexisting
nonconforming situation. However, compliance would not result in
a net decrease in compliance with the Land Use Code, CBJ Title
49.

Sub-criteria C is met. As such, staff finds that criterion 5
is met.

6. That a grant of the variance would result in more
benefits than detriments to the neighborhood.

The relocation of the weigh station will have no impact on
Lemon Creek and there is no evidence suggesting that it will be
detrimental to the neighborhood. The proposed location will
provide a safer and more cost-effective way to weigh the gravel
than if the station were relocated outside of the 50-foot
setback. As such staff finds that the grant of the variance would
result in more benefits than detriments to the neighborhood.

Staff finds that this criterion is met.

JUNEAU COASTAL MANAGEMENT PROGRAM (JCMP)

CBJ49.70.950 (f) requires that structures and foundations
located adjacent to cataloged anadromous streams, of which Lemon
Creek is one " shall have a fifty-foot setback from
each side of the stream, where feasible and prudent, The
setback shall be vegetated or revegetated "

Feasible and prudent is defined within the JCMP to mean, "consistent
with sound engineering practice and not causing environmental,
social or economic problems which outweigh the public
benefit "

The proposed development will be on a previously developed
area. There will be no additional habitat impact and no greater
potential for erosion. Safety problems would result from locating
the weigh station on the other side of the street, outside of the
50-foot setback. These detriments would outweigh the benefits
gained by complying with the setback.

(a) Habitats in the
coastal area which are subject to the Alaska Coastal
Management Program include (7) Rivers, streams and lakes

(b)The habitats contained in subsection (a) of this
section shall be managed so as to maintain or enhance the
biological, physical and chemical characteristics of the
habitat which contribute to its capacity to support
living resources.

(c)(7) Rivers streams and lakes shall be managed so
as to protect natural vegetation, water quality,
important fish or wildlife habitat and natural waterflow.

As the proposed weigh station will create no greater impact on
natural vegetation, water quality, important fish or wildlife
habitat and water flow, staff finds that the project is
consistent with the Habitat standards of the JCMP.

FINDINGS

CBJ'49.20.240, Board
of Adjustment Action, states that the Board of Adjustment shall
hear all variance requests and shall either approve,
conditionally approve, modify or deny the request based on the
criteria in CBJ'49.20.250.

Under CBJ'49.20.220,
Scheduling and Fee, the director makes the following
determination:

1. Is the application for the requested variance
complete?

Yes. We find the application
contains the information necessary to conduct a full
review of the proposed operations. The application
submittal by the applicant, including the appropriate
fees, substantially conform to the requirements of CBJ
code Chapters 49.15. Additionally, notice was provided in
the Juneau Empire under Your Municipality which ran on
February 16, 2001. A notice was mailed to owners of
record of all property within 500 feet of the subject
property.

Under CBJ'49.70.900
(b)(3), General Provisions, the director makes the following
Juneau Coastal Management Program consistency determination:

Will the proposed development comply with the Juneau
Coastal Management Program?

Yes. The proposal will comply with the Juneau
Coastal Management Program.

Does the variance as requested, meet the criteria of
Section 49.20.250 Grounds for

Variances?

Yes. The variance meets the
criteria of section 49.20.250.

RECOMMENDATION

Typically, development within the 50-foot setback of an
anadromous fish stream has some impact to the habitat or water
quality of the stream. The existing haul road was developed
within 50 feet of the setback years ago prior to the current
regulations. The proposed project will not increase the impacts.

Staff recommends that the Board of Adjustment adopt the
directors analysis and findings and determine that criteria
1-6 found in Section 49.20.250 are met and grant the variance as
requested.